If Collins gets remanded for a trial to determine what damages, if any, the shareholder Plaintiffs are entitled to from the unconstitutionally insulated fhfa director, wouldn't there be a new round of discovery documents ordered by the trial judge?
Which party would have the burden of proof?
The government predictably will hide behind Executive Privilege, National security, and anything else they can think of.
There also may or may not be interlocutory appeals on any pre trial hearings.
Of course it would be great if the EnBanc Panel gave Summary Judgment to the shareholder Plaintiffs immediately but they may think the SCOTUS wanted this to get determined in a full blown adversarial proceeding or trial.
What do you think?
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